No rape in broken relationships: SC upholds consent between adults

The Division Bench of the Hon’ble Apex Court comprising of Satish Chandra Sharma, J. and B.V. Nagarathna, J. has once again reiterated that an FIR under section 376(2)(n) IPC, 1860, which is now section 69 of the BNS, 2023 is not maintainable once it is found that the FIR was a result of the relationship...

The Whistle Blowers Protection Act, 2011: A Critical Examination of India’s Transparency Legislation in Flux

In a democratic polity founded upon constitutional morality and rule of law, the protection of individuals who expose corruption, maladministration, and illegality is not merely a statutory duty but a civilizational imperative. The Whistle Blowers Protection Act, 2011 (hereinafter “the Act”), was envisaged as a cornerstone in India’s fight against entrenched corruption. However, over a...

Compensation under Section 166 of the Motor Vehicles Act, 1988

Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) forms the procedural backbone for claiming compensation arising out of motor vehicle accidents. The provision is remedial in nature and must be interpreted liberally to advance the purpose of social justice underlying the statute. It empowers affected parties—including victims, legal representatives...

Supreme Court Halts Forced Narco-Test: Upholds Right Against Self-Incrimination

In a significant decision whilst hearing a plea against the Patna High Court’s Order allowing for Narco-Analysis test by the SDPO, division bench comprising of Sanjay Karol, J. and Prasanna B. Varale, J. the Hon’ble Supreme Court has given significant guidelines regards the narco-analysis test being held without the consent of the accused and upholding...

SECTION 362 CrPC: FUNCTUS OFFICIO

Images are subject to copyright INTRODUCTION Section 362 of the code of criminal procedure forms the basis of the entire code. This section has had an important role to play in the criminal procedure. This section has been mentioned in chapter XXVII of the code and has been very vital for the determination of reviewing...

CHILD CUSTODY, HABEAS CORPUS MAINTAINABILITY, INDIAN LAW

INTRODUCTION The Indian Law focuses on various procedures and methods for child custody, whether in cases of divorce or illegal custody of the child. One of the way that is used in Indian Law is the writ of Habeas Corpus, while the other is by way of an application to the District Magistrate, Sub-Divisional Magistrate...

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The Fugitive Economic Offenders Act, 2018: A Legal Arsenal Against Transnational Economic Delinquency

The Fugitive Economic Offenders Act, 2018 (FEOA) emerged from a pressing necessity to combat the exodus of high-profile economic offenders who exploited legal lacunae to escape Indian jurisdiction. In a globalised financial ecosystem increasingly prone to complex frauds, the Act stands as a pivotal legislative initiative aimed at reining in wilful defaulters and economic fugitives...

Compensation under Section 166 of the Motor Vehicles Act, 1988

Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) forms the procedural backbone for claiming compensation arising out of motor vehicle accidents. The provision is remedial in nature and must be interpreted liberally to advance the purpose of social justice underlying the statute. It empowers affected parties—including victims, legal representatives...

Bail Jurisprudence in India

Bail is an integral element of the Indian criminal justice system that reconciles the fundamental right to personal liberty with the broader interest of societal justice. It embodies the legal process through which a person accused of a criminal offence is released from custody, subject to conditions that ensure their participation in judicial proceedings. The...

The Mammoth Journey of a Living Legend of Law: Justice Surya Kant

Justice Surya Kant, presently a distinguished Judge of the Hon’ble Supreme Court of India, has carved a remarkable judicial legacy built upon constitutional morality, human dignity, and fearless interpretation of the law. Hailing from a humble background in Haryana, his rise through the ranks from Advocate General of Haryana to the Chief Justice of Himachal...

SECTION 362 CrPC: FUNCTUS OFFICIO

Images are subject to copyright INTRODUCTION Section 362 of the code of criminal procedure forms the basis of the entire code. This section has had an important role to play in the criminal procedure. This section has been mentioned in chapter XXVII of the code and has been very vital for the determination of reviewing...

CHILD CUSTODY, HABEAS CORPUS MAINTAINABILITY, INDIAN LAW

INTRODUCTION The Indian Law focuses on various procedures and methods for child custody, whether in cases of divorce or illegal custody of the child. One of the way that is used in Indian Law is the writ of Habeas Corpus, while the other is by way of an application to the District Magistrate, Sub-Divisional Magistrate...